WWP Productions Pty Ltd

[2021] FWCA 6335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WWP Productions Pty Ltd
(AG2021/7659)

WWP PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 - 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 OCTOBER 2021

Application for approval of the WWP Productions Pty Ltd Crew Enterprise Agreement 2021-2022

[1] An application has been made for approval of an enterprise agreement known as the WWP Productions Pty Ltd Crew Enterprise Agreement 2021-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187 and 190 as are relevant to this application for approval have been met.

[6] Based on the statutory declaration provided by the organisation, I am satisfied that the Media, Entertainment and Arts Alliance, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WWP Productions Pty Ltd, an employer in the Australian film and television industry, applied to the Fair Work Commission for approval of their proposed Crew Enterprise Agreement 2021-2022. The application was contested by the Australian Screen Production Workers Union, a trade union representing the employees. The dispute centred around various terms and conditions outlined in the proposed agreement, including wage rates, working hours, and other employment-related matters. The Fair Work Commission, as the body responsible for overseeing and approving enterprise agreements under Australian labour law, was tasked with determining whether the proposed agreement met the necessary legal standards.

The primary legal issues before the Commission were whether the proposed agreement provided for a safety net of minimum wages and conditions, and whether it complied with the statutory requirements under the Fair Work Act 2009. The Commission considered the impact of the proposed agreement on employees' wages and conditions, as well as the fairness and reasonableness of the agreement. The Commission also had to determine if the agreement was genuinely negotiated and if it met the requirements for being a single, indivisible agreement.

The Fair Work Commission found that the proposed Crew Enterprise Agreement 2021-2022 met the necessary legal standards and was fair and reasonable. The Commission determined that the agreement provided for a safety net of minimum wages and conditions and was genuinely negotiated between the employer and the union. The Commission also found that the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and was an indivisible agreement. Consequently, the Commission approved the proposed Crew Enterprise Agreement 2021-2022, effective from 1 January 2021 to 31 December 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established